It is much easier not to end up in a pre-trial detention center right away than to get out of there later. Russian pre-trial detention centers are even compared to black holes - how difficult it is to get out of them. Therefore, if you suspect that this preventive measure may be applied to you or your loved ones, it is better to immediately go to Lawyer-Expert24 for a consultation. You will be able to ask questions not only about imprisonment in a pre-trial detention center, but also about other services provided by criminal lawyers.
When a person is charged or becomes a suspect, an investigator can take steps to ensure that person does not flee, interfere with the investigation, or intimidate witnesses. These measures are called preventive measures. They are mentioned in the Criminal Procedure Code in articles 97-110. The most severe measure is imprisonment.
Imprisonment in a pre-trial detention center is a detention, because people in custody are in a pre-trial detention center - a pre-trial detention center.
It is important to know: a pre-trial detention center is a scary place. There are people there awaiting trial, extradition, and transfer. Together with them, those who are still suspected or accused of committing a crime are also kept - those to whom the measure of detention has been applied. It is impossible to keep a person in custody for a long time (this will be discussed below), but the deadlines are often violated. To take a person into custody, there must be serious reasons for it. But investigators, courts and prosecutors sometimes do not pay attention to this and send people to pre-trial detention centers simply because it is convenient for the investigator. That’s why we need an experienced criminal lawyer who will ensure that confinement in a pre-trial detention center is not used.
Why can they be sent to a pre-trial detention center?
It is important to know: detention cannot be applied to a person who is accused of a crime of minor gravity (Part 1 of Article 108 of the Code of Criminal Procedure). Imprisonment in a pre-trial detention center is used only when suspected of more serious crimes.
One of the preventive measures is chosen if there is reason to believe that the suspect or accused:
- will run away, hide from the investigation;
- will continue to commit crimes;
- will begin to interfere with the investigation, for example, destroy evidence, intimidate witnesses, etc.
But even this is not a reason to send a suspect or accused to a pre-trial detention center. The investigator can choose one preventive measure from the 7 listed in Article 98 of the Code of Criminal Procedure. And it doesn’t have to be imprisonment.
Article 108 of the Code of Criminal Procedure states that detention is used if other, milder measures do not produce results. But how to determine whether they will give results or not? The investigator must convince the court that detention is necessary. The task of a criminal lawyer is, on the contrary, to convince that confinement in a pre-trial detention center is not necessary.
Important: the investigator must specifically argue why it is necessary to send the accused to a pre-trial detention center. The argument “he can hide from the investigation because he can hide from the investigation” is not an argument.
Calculation of insurance period
According to clause 5, part 1, art. 12 Federal Law of December 28, 2013 No. 400-FZ “On insurance pensions” for citizens who were unjustifiably prosecuted, unjustifiably repressed and subsequently rehabilitated, the time of detention, stay in places of imprisonment and exile is counted in the insurance period along with periods of work.
In para. 5 clause 3.1 of the Resolution No. 29-P of November 19, 2015, Constitutional Court of the Russian Federation, part 1 of Art. 11 of the Federal Law “On Insurance Pensions”), and along with them, other (non-insurance) periods are counted in the insurance period, including the period of detention of persons who were unjustifiably prosecuted and subsequently rehabilitated, and the period of serving their sentences in places of deprivation freedom and exile (clause 5, clause 1, article 11 of the Federal Law “On Labor Pensions in the Russian Federation”, clause 5, part 1, article 12 of the Federal Law “On Insurance Pensions”)...” At the same time, the periods provided for in Part 1 of Art. 12 Federal Law “On Insurance Pensions” in accordance with Part 2 of Art. 12 of this law are counted towards the insurance period if they were preceded and (or) followed by periods of work and (or) other activities (regardless of their duration) specified in Art. 11 of the same law (Appeal ruling of the Moscow City Court dated 06/02/2020 in case No. 33-13751/2020).
Thus, the insurance period is equal to the periods of work and (or) other activities that are provided for in Art. 11 of the Federal Law “On Insurance Pensions”, the period of detention and the period of serving a sentence in places of imprisonment and exile are counted if these persons were unjustifiably prosecuted, unjustifiably repressed and subsequently rehabilitated.
What arguments should you give to avoid ending up in a pre-trial detention center?
This is stated in Article 99 of the Code of Criminal Procedure, although it is said very vaguely. Courts and investigators must take into account:
- the severity of the crime (the more serious the crime, the greater the risk of ending up in a pre-trial detention center);
- information about the identity of the suspect or accused. This may include, for example, testimony from friends, relatives, neighbors, co-workers, various certificates, characteristics and the like. If there is no negative behavior at home or at work, there are no administrative violations, then the lawyer uses this information in the interests of the client;
- health status. If a person is seriously ill and requires care, then the court must pay attention to this. There is a high probability that the pre-trial detention center will be replaced with house arrest.
It is important to know: there is a decree of the Government of the Russian Federation dated January 14, 2011 No. 3 “On medical examination of suspects or accused of committing crimes.” It lists diseases for which a person cannot be sent to a pre-trial detention center. This is stated in Part 1.1 of Article 110 of the Code of Criminal Procedure. These diseases include severe diabetes mellitus, inflammatory diseases of the nervous system, blindness, AIDS and other serious diseases.
- Family status. Whether the suspect or accused is married, whether there are small dependent children or elderly parents;
- occupation. If a person is officially employed, then this is an argument not to send him to a pre-trial detention center;
- other circumstances. This includes the presence of military ranks, state awards, wounds, participation in hostilities, in eliminating the consequences of emergency situations, and the like.
It is important to know: it is very important to find these arguments, these circumstances that characterize the suspect or accused on the good side. And present them to the court in the required, formalized form, as it should be - that’s what lawyers do. It is important not only to collect these facts, but also to force the court to listen to them.
“If a person is sitting, but the investigation is standing, then the measure can be changed”
Attempted rape of a child is a particularly serious crime.
A source from the prosecutor's office, in a conversation with a 59.RU correspondent, notes: from his practice, he does not remember that when accused of such crimes, a lenient measure of restraint was imposed, everyone was sent to a pre-trial detention center. “But I admit that there were exceptions,” says the interlocutor. — In general, every arrest is analyzed and examined. There is no such thing that an investigator came and asked to arrest - and they arrested, they always take into account the nature and degree of public danger of the crime, the identity of the suspect, and other circumstances. If we look specifically at rape, then it all depends on the specific circumstances, the identity of the suspect and the victim, they can impose a written undertaking not to leave the place or house arrest. But if the victim is a minor, then 99.9% it will be an arrest in a pre-trial detention center.
At the same time, the source says, when extending a preventive measure, the court really looks at what the investigation did during the previously allotted time. If a person sits, and the investigation stands in one place and nothing is done, then the measure of restraint can be changed. The interlocutor emphasizes: for a particularly serious crime, and violent acts against a child fall into this category, the maximum period of stay in a pre-trial detention center is 1.5 years. Eremeev was in the pre-trial detention center for six months, that is, the court had grounds to leave the man in the pre-trial detention center and extend his arrest.
What you need to know about house arrest
In the “hierarchy” of preventive measures, house arrest comes before detention. That is, house arrest is one “step” softer. Therefore, if the investigator wants to send the suspect or accused to a pre-trial detention center, then he can be persuaded to be satisfied with house arrest.
House arrest also requires a court decision. It is important for the court that the suspect or accused has the legal right to be in the premises. That is, he would be its owner, a tenant under a contract, or would have another legal right to live in the premises. Therefore, you need to have a certificate of ownership or a rental agreement with you.
It is important to know: it is quite possible to achieve the replacement of imprisonment in a pre-trial detention center with house arrest. It is also possible to get bail, but it is more difficult. And for everything you need the help of a criminal lawyer.
General concepts about the punishment cell
As mentioned above, a punishment cell in a pre-trial detention center has much worse living conditions than an ordinary prison cell. As a rule, “dungeon”, and this is how this word is literally translated, is characterized approximately as follows:
- The room is small and lacks minimal amenities.
- The bed, chair and table are screwed to the floor.
- A sanitary facility is a must.
- The convict receives food and water through a small window in the door, which is additionally equipped with bars.
- There may be a small window in the wall, no more than 50 by 50 cm in size, also with a grille.
- The floor is often concrete, but can also be wood.
- Regarding lighting, there is a low-power electric light bulb that is mounted under the ceiling or above the door and must be protected by a grille.
- Confinement in a punishment cell is only solitary.
In addition, it should be remembered that while in a punishment cell, a convicted person is deprived of an already small number of rights:
- Cannot receive transmissions, messages from relatives, or mail.
- Does not have the right to register a marriage.
- Dating is prohibited.
- A walk in the air cannot last more than one hour.
Hygienic procedures, as well as conversations with a clergyman, still take place; the convict has no right to refuse this.
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A few more facts you need to know
This is interesting: in 2015, about 117,000 people were kept in pre-trial detention centers in Russia.
- “By default” a person can be kept in custody for no more than 2 months (Part 1 of Article 109 of the Code of Criminal Procedure).
- If the investigation is not completed, then this period can be extended to 6 months (Part 2 of Article 109 of the Code of Criminal Procedure).
- If the crime is serious, then the term can be extended to a year (Part 2 of Article 109 of the Code of Criminal Procedure).
- And if it is especially serious and very difficult to solve - up to 18 months (Part 3 of Article 109 of the Code of Criminal Procedure).
It is legally impossible to extend the period further. True, investigators are not very concerned about this. There is such a way to prolong a person’s stay in a pre-trial detention center: from a criminal case where there are several episodes, one or two are removed and filed as a separate criminal case. And with this new case, the investigator goes to court and petitions for the detention of a person who is already in a pre-trial detention center. It turns out that the court sends a person to a pre-trial detention center twice. And with this new “sent to pre-trial detention center” the term starts from the beginning.
There are frauds involving violation of the deadline for presenting a criminal case for review. After the investigation is completed, the investigator is obliged to present a copy of the criminal case to the accused. But the law does not say within what time the investigator is obliged to do this. And it turns out that the accused can sit in a pre-trial detention center for a month, two, three, and the investigator still does not bring him the case for review. And formally there is no violation here.
Dismissal of an employee on his own or by agreement of the parties
It is impossible to dismiss an employee who has ended up in a pre-trial detention center simply at the request of the employer. But, you can use other grounds for terminating an employment contract, provided for in Article 77 of the Labor Code of the Russian Federation.
By agreement of the parties.
Dismissal can be formalized if both parties, the employee and the employer, agree with such a decision.
At your own request.
An employee has the right to resign at any time; to do this, he needs to submit to the employer a letter of resignation of his own free will.
Why do you need a criminal lawyer?
The investigation and the court can do whatever they want to the suspect and accused. This is how they work, and practice confirms this.
A criminal lawyer from the company Lawyer-Expert24 is needed to maximize the possibility that the defendant will be able to be “recaptured” from the investigation. And at least get bail or house arrest.
Without a lawyer, the chances of ending up in a pre-trial detention center are very high. Simply because it is convenient for the investigator - the person is always “at hand”, he can be brought to such a state that he will incriminate himself and anyone else. This also happens in practice.
Why can they imprison you?
Why are they put in a punishment cell in a pre-trial detention center? From a legislative point of view, this may be due to the following reasons:
- Violation of the regime inside a penitentiary institution.
- Fights, attempts to escape, illegal actions against employees of the penitentiary institution.
- Use/storage of substances and items prohibited in prison.
However, according to Article 117 of the Criminal Code of the Russian Federation, the following persons cannot be placed in a punishment cell in a pre-trial detention center:
- Disabled people of the first group.
- Pregnant women.
- Prisoners who are raising children under three years of age.
- Prisoners who have a serious health condition and need medical attention.
According to the law, a convicted person cannot stay in a punishment cell for more than 15 days, and if we are talking about a juvenile convicted person, then no longer than seven days. However, in practice the period can be significantly extended.
Summarizing the above, we can draw the following conclusion - a convicted person can be put in a punishment cell for any offense. In most cases, the reason for such punishment is a violation of the internal regulations of the penitentiary institution.
